An “athletic” young man who died after he suffered a hypoxic blackout at the bottom of a leisure centre pool was a qualified lifeguard, a jury heard on Monday
The Newry Crown Court jury also heard that just a few weeks after Christopher Rogers died, Armagh City, Banbridge and Craigavon Borough Council changed the guidance given to lifeguards about underwater swimming and people holding their breath underwater.
Cathal Forrest-McVeigh (35), from Dunamony Road in Dungannon, William Holden (26), from Unshinagh Lane in Portadown and James Monaghan (26), from Folly Lane in Armagh are on trial each facing a single count that being an employee, they were in breach their duty to others on April 7th, 2017, in that they “failed to take reasonable care for the health and safety of other persons who may be affected by your acts or omissions at work”.
When the trial was formally opened last Thursday, the jury heard how 20-year-old Rogers had swum 2½ lengths of the Orchard Leisure Centre pool underwater when he broke the surface and then “sank to the bottom of the pool”, where he remained for five minutes and 14 seconds.
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Prosecuting KC Liam McCollum outlined that during that time Holden had been in the high chair at one side of the pool while McVeigh and Monaghan had been “engaged in conversation” for two minutes and 20 seconds as the guard duty rotated.
In court on Monday the jury heard evidence from Paul Murphy, who told them that at the time his job at the centre was as a full-time swimming instructor, as well as training and assessing the lifeguards.
He told prosecuting KC Geraldine McCullough that the lifeguards had to undergo weekly to monthly training sessions, depending on whether they were full-time or part-time, and that their training was based on guidance from the Royal Life Saving Society book.
Outlining that the society syllabus is revised and amended every 18 to 24 months, Mr Murphy said at the time there was a reference to underwater swimming but none to “shallow water blackout”.
Asked whether he knew Rogers, the witness confirmed he did and further that he was aware of and had seen “once or twice” the type of training he was doing where he either swam lengths underwater or “remained stationary holding his breath under the water”.
“I think one or two of the lifeguards spoke to him about it,” he told the jury.
Under cross-examination from Gavan Duffy, defence KC for Mr McVeigh, Mr Murphy agreed that in 2017 “lifeguards were not receiving training in shallow water blackout”.
He also agreed that after Rogers’s death, there was a policy change for pools across the council area in that swimmers were not allowed to swim for more than 15 metres underwater.
The jury also heard evidence from Doris Sherry, who at the time was the duty officer at Orchard Leisure Centre.
Confirming that she knew the “athletic” and “prolific swimmer”, Ms Murphy confirmed that Rogers “was a lifeguard ... and would have received the same standard training” as the defendants in assessing potential dangers and hazards.
Introducing council documents dated May 2017, barrister Gary McHugh suggested there was a “completely new policy from the council” which advised lifeguards to be aware of pool users engaged in underwater swimming and “prolonged periods of breath holding at any depth”.
Mr McHugh asked her whether new policies were “put in force as a direct result of Mr Rogers’ tragedy” and Ms Murphy agreed.
The trial continues.
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